It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations. Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. Continue reading
The news has primarily focused on the effects of the #MeToo movement in high-profile industries. The numerous falls from grace of once-prominent men (and occasionally women) in politics, comedy, and film have percolated throughout news cycles for the last twelve months. Often, the women reporting the harassment or assault had their careers stunted or completely derailed by their harassers, typically (but not universally) men who were in a position of power. But on September 18 a group of women who have been previously largely overlooked came forward. Fast-food workers from McDonald’s chains in ten different cities went on strike to protest both the sexual harassment they endure, and the indifference with which their complaints are met. Continue reading
Regular readers of this blog will know that we have written pretty extensively on Women in the Workplace and Pregnancy (First Comes Love, Then Comes Marriage, Then Comes Flex-Time and a Baby Carriage, The Maternal Profiling Debate Continues, to name a few). In 2008 we wrote about a new study that focused on trends in Pregnancy Discrimination. 10 years later we are still having problems. Continue reading
A three-judge panel decided, after less than 30 minutes of conferring, to uphold a decision from the District Court for the Eastern District of Pennsylvania, allowing transgender students to use the bathroom that matches their gender identity.
In 2016, Boyertown School District updated their school policy, allowing transgender students to use the bathroom that corresponds with their gender identity (rather than their anatomical sex). The school district also provided single-stall showers and single-stall bathrooms that students who felt uncomfortable using another bathroom could use. Continue reading
If you attended our Annual Employment Law Seminar on April 12, then you already know that the ways in which employers deal with sexual harassment is changing. Even if you didn’t attend, you probably have a sense that the cultural attitude towards sexual harassment is changing. This is primarily due to movements like #MeToo and #TimesUp that are striving to bring attention and accountability to issues of sexual harassment. Continue reading
This article was written by Lauren Moak Russell.
This has been a month of major changes in the employment law landscape in Delaware. In addition to the Supreme Court’s three major decisions affecting employment law (addressing retaliation and harassment under Title VII, and the constitutionality of the federal Defense of Marriage Act) and the legalization of gay marriage, Delaware also passed a law prohibiting employment and other types of discrimination on the basis of an individual’s gender identity. Here is what Delaware employers need to know about the new statute. Continue reading
Being beautiful ain’t all it’s cracked up to be. Or so it seems from the legal-news headlines.
First, there are the “Borgata Babes.” The female cocktail servers at Borgata Hotel and Casino in Atlantic City, known as Borgata Babes, challenged the legality of their employer’s policy prohibiting them from gaining more than 7% of their body weight after they were hired. The Babes lost the lawsuit, though, when a New Jersey judge granted Borgata’s motion for summary judgment. Continue reading